Welcome back to Ask a Lawyer, wherein I, a lawyer, respond to your questions. Got a vexing legal issue? Send it over, or drop it in the comments below.
First time caller/long time listener here.
I live in a suburban area with a 2-square-block park in the middle our downtown. Apparently there’s a lot of Pokémon in that park and the surrounding streets based on the raw number of kids wandering around staring at their phones.
If some stupid Millennial/punk ass teenager is playing this game and walks right into oncoming traffic, who is responsible if they get clipped by a driver? We’re assuming that the accident doesn’t take place in a crosswalk and the driver has the right of way. If a serious injury occurs, would either the teenager or the driver be able to sue Nintendo?
Lawyer this hard. If it hasn’t happened yet, it definitely will in the next few weeks.
We live in troubled times. People could send me questions about many things: What should I do when I’m assaulted by a police officer? Does the DNC email leak show any law-breaking? Why did Netflix remove The Money Pit from its library and does it have a legal (moral?) obligation to give us—on-demand, and at a reasonable flat rate—the unsurpassed on-screen chemistry of Shelley Long and Tom Hanks?
But people haven’t been sending me questions about those things. Ever since this year’s celebration of our independence from the British empire, it’s become clear that many people have pledged their allegiance to Pokémon Go. This makes sense. When the going gets tough, the tough escape into an alternate fantasy world layered on top of our increasingly bleak reality. That said, Pokémon Go is unquestionably the largest use of augmented reality that doesn’t make you look like a DEFCON 1 jackass.